34942 Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Total Annual Burden: 23,040 hours. 

Total Annual Costs: $1,065,600. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 4(i), 303(r), and 

628 of the Communications Act of 1934, 

as amended. 

Nature and Extent of Confidentiality: 

A party that wishes to have 

confidentiality for proprietary 

information with respect to a 

submission it is making to the 

Commission must file a petition 

pursuant to the pleading requirements 

in Section 76.7 and use the method 

described in Sections 0.459 and 76.9 to 

demonstrate that confidentiality is 

warranted. 

Privacy Act Impact Assessment: No 

impact(s). 

Needs and Uses: On January 20, 2010, 

the Commission adopted a First Report 

and Order, In the Matter of Review of 

the Commission’s Program Access Rules 

and Examination of Programming Tying 

Arrangements, MB Docket No. 07–198, 

FCC 10–17. In the First Report and 

Order, the Commission established 

rules, policies, and procedures for the 

consideration of complaints alleging 

unfair acts involving terrestrially 

delivered, cable–affiliated programming 

in violation of Section 628(b) of the 

Communications Act. The Commission 

also established procedures for the 

consideration of requests for a 

temporary standstill of the price, terms, 

and other conditions of an existing 

programming contract by a program 

access complainant seeking renewal of 

such a contract. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010-14877 Filed 6–18–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217 and 241 

RIN 0750–AG48 

Defense Federal Acquisition 

Regulation Supplement; Multiyear 

Contract Authority for Electricity From 

Renewable Energy Sources (DFARS 

Case 2008–D006) 

AGENCY: Defense Acquisition 

Regulations System; Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

to implement section 828 of the 

National Defense Authorization Act for 

Fiscal Year 2008. Section 828 authorizes 

the Secretary of Defense to enter into a 

contract for a period not to exceed 10 

years for the purchase of electricity from 

sources of renewable energy. 

DATES: Effective Date: June 21, 2010. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before August 20, 2010, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2008–D006 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D006 in the subject 

line of the message. 

• Fax: 703–602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Cassandra 

Freeman, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060 

All comments received will be posted 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cassandra Freeman, 703–602–8383. 

Please cite DFARS Case 2008–D006. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule implements section 

828 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). It amends DFARS 

parts 217 and 241 to authorize the 

Department of Defense to enter into a 

contract for a period not to exceed 10 

years for the purchase of electricity from 

sources of renewable energy, as that 

term is defined in section 203(b)(2) of 

the Energy Policy Act of 2005 (42 U.S.C. 

15852(b)(2)). DoD may exercise this 

authority to enter into a contract for a 

period in excess of five years only if the 

head of the contracting activity 

determines, on the basis of a business 

case analysis prepared by DoD, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

This rule was subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. The analysis is summarized 

below and a copy may be obtained from 

the point of contact specified herein. 

There are a very limited number of 

small businesses engaged in the sale of 

energy-related services to include the 

sale of renewable energy. Those small 

businesses that engage in energy-related 

activities tend to have more than one 

area of competency, such as fossil fuel 

electric power, distribution of electric 

power, or other electric power 

generation, etc. With the potential 

overlap of competencies, it is very likely 

that a small business may have more 

than one of these competencies, thereby 

reducing the number of small 

businesses in these areas. The market 

for renewable fuels is highly volatile 

and does not have the predictability as 

compared to other fuel markets. 

Renewable energy and alternative fuel 

projects are capital-intensive 

investments, and involve the 

construction of production facilities 

which provides limitations to small 

entities. At this time, DoD is unable to 

estimate the number of small entities to 

which this rule will apply. DoD invites 

comments from small business concerns 

and other interested parties on the 

expected impact of this rule on small 

entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2008–D006) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations 34943 

rule does not impose additional 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. 3501, et seq. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule authorizes 

and establishes conditions under which 

the Department of Defense may enter 

into a contract for a period not to exceed 

10 years for the purchase of electricity 

from sources of renewable energy, 

pursuant to section 828 of the National 

Defense Authorization Act for Fiscal 

Year 2008. It is necessary to publish this 

rule prior to obtaining public comments 

because the statute became effective 

upon enactment, and it is imperative 

that DoD contracting officers be aware of 

the conditions under which DoD may 

enter into such contracts to ensure that 

they are in compliance with the 

requirements of the Act. However, DoD 

will consider public comments received 

in response to this interim rule in the 

formation of the final rule. 

List of Subjects in 48 CFR Parts 217 and 

241 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 217 and 241 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 217 and 241 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 2. Section 217.175 is added to read as 

follows: 

217.175 Multiyear contracts for electricity 

from renewable energy sources. 

(a) The head of the contracting 

activity may enter into a contract for a 

period not to exceed 10 years for the 

purchase of electricity from sources of 

renewable energy, as that term is 

defined in section 203(b)(2) of the 

Energy Policy Act of 2005 (42 U.S.C. 

15852(b)(2)). 

(b) Limitations. The head of the 

contracting activity may exercise the 

authority in paragraph (a) of this section 

to enter into a contract for a period in 

excess of five years only if the head of 

the contracting activity determines, on 

the basis of a business case analysis (see 

PGI 217.1, Supplemental Information 

TAB, for a business case analysis 

template and guidance) prepared by the 

requiring activity, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 

five years. 

(c) Nothing in this section shall be 

construed to preclude the DoD from 

using other multiyear contracting 

authority of DoD to purchase renewable 

energy. 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

■ 3. Section 241.103 is amended by 

redesignating existing paragraph (2) as 

paragraph (3); and by adding new 

paragraph (2) to read as follows: 

241.103 Statutory and delegated authority. 

* * * * * 

(2) See 217.175 for authority to enter 

into multiyear contracts for electricity 

from renewable energy sources. 

* * * * * 

[FR Doc. 2010–14938 Filed 6–18–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

[DFARS Case 2008–D024] 

RIN 0750–AG13 

Defense Federal Acquisition 

Regulation Supplement; Para-Aramid 

Fibers and Yarns Manufactured in a 

Qualifying Country 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, the interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

determinations made by the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics with regard 

to the acquisition of items containing 

para-aramid fibers and yarns 

manufactured in foreign countries that 

have entered into a reciprocal defense 

procurement memorandum of 

understanding with the United States. 

DATES: Effective Date: June 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule in the 

Federal Register on December 18, 2008 

(73 FR 76970). The comment period 

closed on February 17, 2009. 

10 U.S.C. 2533a restricts DoD 

procurement of foreign synthetic fabric 

or coated synthetic fabric, including 

textiles, fibers, and yarns for use in such 

fabrics. Section 807 of the National 

Defense Authorization Act for Fiscal 

Year 1999 (Pub. L. 105–261) provides 

authority for DoD to waive the 

restriction at 10 U.S.C. 2533a with 

regard to para-aramid fibers and yarns. 

On February 12, 1999, the Under 

Secretary of Defense for Acquisition and 

Technology (USD(AT&L)) waived the 

restriction at 10 U.S.C. 2533a for paraaramid fibers and yarns manufactured 

in the Netherlands. On August 15, 2008, 

the USD(AT&L) expanded the existing 

waiver to permit the acquisition of paraaramid fibers and yarns manufactured 

in any qualifying country listed in 

DFARS 225.003(10). 

The interim rule also clarified the 

definition of ‘‘qualifying countries’’ at 

DFARS 225.003 and 252.225–7012 by 

including a list of the qualifying 

countries within the definition instead 

of referring to the list at DFARS 

225.872–1. 

DoD received comments on the 

interim rule from nine respondents. 

Based on public comments, changes 

were made to the interim rule. The 

differences between the interim rule and 

this final rule include— 

• Restricting the authority to acquire 

para-aramid fibers and yarns 

manufactured in a qualifying country to 

apply to para-aramid fibers (both staple 

and continuous) and continuous 

filament para-aramid yarns, based on a 

new USD(AT&L) determination and 

findings, dated November 9, 2009, 

which contains a five year review 

requirement. 

• Amplifying the definition of 

‘‘qualifying country’’ to make clear that 

these are countries with which DoD has 

negotiated reciprocal defense 

procurement memoranda of 

understanding. 

B. Public Comments 

The following is a discussion of the 

comments and the changes included in 

this final rule as a result of those 

comments: 

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